DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Speno Rail Maintenance Australia Pty Ltd
(AG2014/10426)

SPENO RAIL MAINTENANCE AUSTRALIA PTY LTD ROY HILL AWU GREENFIELDS AGREEMENT 2014

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 DECEMBER 2014

Application for approval of the Speno Rail Maintenance Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014.

[1] An application has been made for approval of a greenfields agreement known as the Speno Rail Maintenance Australia Pty Ltd Roy Hill AWU Greenfields Agreement 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made Speno Rail Maintenance Australia Pty Ltd.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that The Australian Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with The Australian Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement was approved on 31 December 2014 and, in accordance with s.54, will operate from 7 January 2015. The nominal expiry date of the Agreement is 7 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Speno Rail Maintenance Australia Pty Ltd sought approval for the Roy Hill AWU Greenfields Agreement 2014. The case was heard by the Fair Work Commission. The dispute centred around the terms of the enterprise agreement, which included various provisions related to employee conditions and wages. The primary issue was whether the agreement met the legal requirements for approval and if it complied with the Fair Work Act 2009.

The Commission examined the application to determine whether the agreement was properly made, contained the required provisions, and if it was fair and reasonable. It was also necessary to assess if the agreement complied with the provisions of the Fair Work Act and the Fair Work Regulations 2009. The Commission considered submissions from both parties and relevant legal principles.

In its decision, the Commission found that the agreement was properly made and contained all the required provisions. The Commission concluded that the agreement was fair and reasonable and complied with the Fair Work Act and Regulations. The application was approved, and the agreement was registered.

The final orders included the approval of the Roy Hill AWU Greenfields Agreement 2014 and its registration with the Fair Work Commission. This decision provided clarity on the legal requirements for enterprise agreements and reinforced the importance of compliance with the Fair Work Act and Regulations.

Speno Rail Maintenance Australia Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established